Terms and conditions

Article 1er. Subject Matter

These Terms of Use govern the access, the use of the Internet Site of COYOTEPRINT Luxembourg, member of CPE Group SARL, a company under the laws of the State of Luxembourg, with registered office at L-1930 Luxembourg, 68 rue de la liberté, and having the company number LU 25344966 (VAT) (hereinafter referred to as "CoyotePrint") and, more generally, all relations, including the contractual relations, between CoyotePrint and the Client (referred to as the "Parties"), related to the layout and the ordering by the Client of printing products after the visit of the Client on the Internet Site. By accessing, using the Internet site of Coyote Print and/or ordering Documents on this Internet site, the Client agrees to be bound by these Terms of Use, without conditions or reservation. All other Terms of Use or clauses are inapplicable.

Article 2. Definitions

The following expressions have the following meanings:

• Client : any professional (a client who orders for and in the framework of his professional activities) or consumer (a client who orders or uses goods or services for and in the framework of a non professional activity) who accesses and uses the Internet site of Coyote Print in order to lay out (with or without using the Internet windows of the site) and order Documents.
• Elements or Elements of the Internet Site : data, graphics, pictures, documents layouts, artworks, texts, font, software tools, software programs or any other data or information that are on the Internet Site of Coyote Print. Document(s): the printing product(s) that the client prepares, lays out and orders on the Internet Site of Coyote Print.
• Document(s) : the printing product(s) that the client prepares, lays out and orders on the Internet Site of Coyote Print.
• Internet site : the internet site Coyoteprint.lu, that the Client accesses in order to prepare, lay out, realise one or many Document(s) and order them.

Article 3. Layout of the Document

The layout of the Document and the order concluded on the Internet Site bind for good the Parties, subject to the renunciation right provided for by Article 6 of the present Terms of Use.
The Client who uses and provides a computer folder in a format other than "pdf" or who does not use the layout windows of the Internet Site for the layout of the Document renounces irrevocably to any complains about the layout, the colours or any other graphic element. The elements shall be in accordance with the technical data and conditions of the Internet Site for the publication, which the Client declares to know.
Coyote Print cannot be made liable for any mistake of type, images, layout that could have been made by the Client during the creation or layout process of the Document. Coyote Print does not reread the content or the spelling of the Document(s) laid-out and/or ordered by the Client.
The Client who requires the graphic services of the Internet Site in order to layout and create a Document agrees with the applicable rates for this work, which amounts to 55€ VAT excluded per hour.
The colours of the Internet Site are not contractually binding and Coyote Print cannot commit itself to reproduce them exactly as they appear on the Internet Site. The Client shall accept that variations of colour, shape or ink, invisible for an uninformed user, may appear in the delivered Documents, insofar as these variations are tolerated in the printing sector.
The Client admits and accepts a tolerance of 10% concerning the volumes and the amounts of delivered Documents after the order.
Coyote Print reserves its right to refuse an order without owing any indemnity to the client who has passed this order, if the provided Document does not enable Coyote Print to realise a printing of quality.
The Client who refuses to receive a paper proof of the Document renounces to any claim of any nature whatsoever concerning the conformity, the layout, the colours or of any other graphical element.

Article 4. Price

The prices are published on the Internet Site in Euros, taxes and delivery rates excluded.
They will only be complete when featuring on the payment and invoice window, which then indicates the VAT rate and the delivery costs, which vary according to the product that will be ordered by the Client, and its destination. The VAT applies on orders and deliveries within the European Community.
An invoice containing the price, the VAT and the delivery costs shall be sent to the e-mail address communicated by the Client during the different steps of ordering.
The Client who claims that a lower VAT rate is applicable to his transaction must prove this by providing all the necessary documents.

Article 5. Contact details of the Client

The Client provides Coyote Print with his name, his address (home or registered seat), the address where the Documents shall be delivered, the invoice address, as well as an E-mail address linked to an accessible E-mail account (sufficient capacity, ...), in order for Coyote Print to be able to send the invoice without any problem.

Article 6. Revocation right

The consumer Client is entitled to revoke his order within a delay of 7 working days, starting the day after the delivery of the ordered Document(s).
In this case, the consumer must return the Documents at his own costs within the best delays to Coyote Print. If he failed to do so, Coyote Print shall be entitled to refuse the reimbursement of the Price to the consumer.
However, this right is legally excluded if the Documents ordered by the Client were laid-out or created according to specifications of the consumer, or if they are personalised.

Article 7. Claim

Any claim concerning a lack of conformity between the order concluded on the Internet Site and the delivered Document(s) must be send by registered letter to Mr. Michel Moens, to the registered office of COYOTEPRINT Luxembourg, member of CPE Group SARL (68 rue de la liberté, L-1930 Luxembourg) within 3 days after the delivery of the ordered Document(s) with the Documents, a copy of the invoice, a copy of the delivery proof and with a description of the lack of conformity that the Client criticizes. If he fails to respect these formalities, the Client is considered as having agreed the Documents without condition or reservation. CoyotePrint shall communicate its opinion about the lack of conformity claimed by the Client within the best delays and the parties shall try to find an amicable agreement, including the return costs and the costs of the delivery of the re-printed Documents, according to Article 14 of the present Terms of Use.
The present Article applies without prejudice to the revocation right of Article 6 of the present Terms of Use.

Article 8. Order cancellation

In the exceptional case of cancellation of an order, following such a demand by the Client and only if the Documents are not yet printed and if Coyote Print agrees this cancellation (or by Coyoteprint if the terms and conditions are not respected), the costs must be paid by the Client, this represents 20% of the total amount with a minimum amount of 25€ VAT not included (for the technical costs, the costs for the time of the employees and for the communications costs related to the cancellation, ...).

Article 9. Intellectual Property

The Internet Site and all its Elements are the exclusive property of Coyote Print and are protected by the intellectual property legislations. All rights of this Site and its Elements are reserved. It is consequently strictly forbidden to retain, copy, download, distribute, publish, or use any part of the Internet Site or of its Elements except if it is expressly allowed, and to the extent allowed by the present Terms of Use or by Coyote Print. Coyote Print reserves its right to add, modify or remove any Element, without prior notice.< br /> The Client who provides Coyote Print with images, graphical data, logos, pictures, document, layout, texts, polices, or any other data or information for the realisation of a Document, declares having received all needed authorisations of the owner or the authorised user of the intellectual property rights attached to this element for such use.
This concerns all intellectual property rights and namely, without limitation, authors rights and any rights related to authors rights ensuing from the intellectual activity and from the creative expression of any person writing, speaking, and from visual realisations under a graphic, a plastic or a photographic form, fixed or movable, and all the related rights.
Consequently, the Client guarantees Coyote Print of all claim or any action of any nature whatsoever and, namely, without limitation, (i) judicial or extra-judicial, (ii) filed by the owner of the rights or by a legal entity that exploits, protects or manages the rights, or (iii) of any nature whatsoever, everywhere in the world, aiming to obtain a sum of money, an acknowledgment or damages for the use of such images, graphical data, logos, pictures, documents, layout, texts, polices, or any other data or information for the realisation and the layout of a Document by the Internet Site.

Article 10. Use of the Internet Site

The access and the use of the Internet Site are only allowed for preparing, laying-out and ordering Documents. The Client agrees to use the Internet Site in a responsible manner that is in full compliance with these Terms of Use and the applicable Belgian and International laws and regulations. He commits himself not to use the Internet Site, not to layout, not to order or introduce on the Internet Site any data, information, picture, logo or other that may be considered as having; without limitation, a pornographic, racist unlawful, harassing, libellous, threatening, harmful, obscene, malicious or otherwise objectionable character or offending the respect or the honour, or breaching a subjective right or any intellectual property right of an natural person or of a legal entity. Coyote Print cannot be civilly or criminally liable for damages or consequences caused by the inappropriate use by the Client of the Internet Site or of its content.

Article 11. Late Payments

If the payment cannot not be made by an electronic way of payment (credit card, ...), any late payment shall have the following consequences, automatically and without prior notice, all rights of Coyote Print being safe to claim compensation for the most important damage it has endured:

• The Client shall pay an interest of 12% per year as from the date of the invoice until the date of full payment and a penalty of 15% of the invoice amount, VAT included, with a minimum of 375€;
• Coyote Print shall be entitled to claim the payment of all sums due or not due for payment;
• Coyote Print shall be entitled to suspend the fulfilment of previous, present or future order(s), and generally, of all obligations due to the Client;

Article 12. Internet site

The internet site and its contents are presented and provided to the client in state, without any guarantee of any nature whatsoever, either expressed or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement. The client acknowledges that the operations of the site may not be uninterrupted or error free. References and links to products or services of independent companies may appear on the site. These references and links are provided in their original state, without warranty of any kind, either expressed or implied.

Article 13. Liabilities

Coyote Print, its directors, employees shall not be in any case liable for a damage of any kind following the use of the Internet Site, including without limitation, damage from mistakes, omissions, viruses, lateness or interruption of the Site's services.
Should Coyote Print be liable for any damage, its extent shall not exceed the value of the Documents.

Article 14. Renunciation

The non-application of one clause of the present Terms of Use by Coyote Print shall not be interpreted as a renunciation to be invoked later.

Article 15. Indivisibility

If any provisions of this Agreement become invalid, illegal or unenforceable, this invalidity, unenforceability or illegality shall not affect the remaining provisions of this agreement.
In this case, the parties will endeavour, in good faith, to agree to the terms of a provision which may be substituted for the invalid, illegal or unenforceable provision.

Article 16. Governing Law and jurisdiction

The present agreement shall be governed exclusively by the laws of Belgium. In case of a dispute or a claim, the parties shall first try to find an amicable settlement. If they fail to do so, the dispute or claim shall be submitted to the exclusive jurisdiction of the Luxembourg courts.

The present Terms of Use are written in French, this language being the reference for its interpretation